Foster's, Times' staff won't be quizzed on child porn

The former Rochester bureau of Foster's, and the Rochester Times, which is owned by Foster's, previously had offices above and to the right of the door on the left. (Courtesy photo)

ROCHESTER - Rochester Police said on Thursday that they are unsure how many Foster’s Daily Democrat and Rochester Times staffers may have had access to an iMac computer on which images of child pornography were found last fall.

They are also uncertain how long the computer had been around and accessible to Rochester Times and Foster’s Daily Democrat staffers who use the Rochester Times offices as their Rochester bureau.

Foster’s owns Foster’s Daily Democrat, the Rochester Times and the Sanford News.

The images came to light last October as police investigated electronic equipment belonging to former reporter Conor Makem, who has been charged and indicted in connection with a bathroom camera scandal in which he is alleged to have planted a videotaping device in the women’s bathroom near the Foster’s former Rochester bureau located in an upstairs office at Merchants Plaza.

The office was also home to the Rochester Times.

Makem produced stories for both publications, but primarily for the Rochester Times.

The former reporter and renowned musician faces a trial in Strafford County Superior Court on one charge of felony destruction of physical evidence and 19 misdemeanor counts of invasion of privacy. The women videotaped inside the bathroom were all in “various stages of undress,” according to court documents.

When police first began to analyze Makem’s computers and other digital equipment as the investigation unfolded in October they found several dozen child porn images and enlisted the help of the FBI to do a forensic study.

Rochester Police Capt. Paul Toussaint said on Wednesday that while child porn images were found, it’s impossible to tie them exclusively to Makem as so many different Foster’s employees had access to the equipment over several years.

On Thursday he said police have no plans to question or investigate other newspaper staff.

Makem, 45, who is free on $15,000 cash bail, was initially arrested on Oct. 17, a week and a half after police began an investigation after the woman who first discovered the camera called police to ask if Makem had contacted them about the device as he had promised her, and officers realized he had not.

Police on Oct. 10 executed a search warrant at the former Foster’s Rochester Bureau at Merchants Plaza and seized computers and other electronic devices used by Makem, including some owned by Foster's. They made the initial arrest on falsifying physical evidence and several invasion of privacy counts on Oct. 17, then followed that up a week later with more invasion of privacy charges alleging more victims. Makem was terminated by Foster’s after his initial arrest.

A falsification of evidence conviction can bring up to seven years in prison, while invasion of privacy, a Class A misdemeanor, can draw a year each in the county jail.

The falsifying of evidence charge stems from his alleged tampering and dumping of the camera.

Makem had resided in Dover, N.H., but moved to Amesbury, Mass., soon after the initial charges were made. He has hired Att. Timothy Harrington of Shaheen & Gordon of Dover as his defense counsel.

An indictment was handed down by a Strafford County grand jury in January.

An accomplished musician in a band that plays traditional Irish music, Makem had to miss a whirlwind Music Tour of Ireland hosted by the Makem and Spain Brothers band late last year after surrendering both his American and Irish passports as part of his bail conditions.

Makem, who was born in County Louth, Ireland, has dual citizenship.

The band is currently touring without Makem, a person familiar with the band said Thursday.

Meanwhile, the Rochester Times’ offices have moved to quarters above the Rochester Chamber of Commerce on South Main Street.